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      CCP 2088     

  

Art. 2088.  Divesting of jurisdiction of trial court

A.  The jurisdiction of the trial court over all matters in the case reviewable under the appeal is divested, and that of the appellate court attaches, on the granting of the order of appeal and the timely filing of the appeal bond, in the case of a suspensive appeal or on the granting of the order of appeal, in the case of a devolutive appeal.  Thereafter, the trial court has jurisdiction in the case only over those matters not reviewable under the appeal, including the right to:

(1)  Allow the taking of a deposition, as provided in Article 1433;

(2)  Extend the return day of the appeal, as provided in Article 2125;

(3)  Make, or permit the making of, a written narrative of the facts of the case, as provided in Article 2131;

(4)  Correct any misstatement, irregularity, informality, or omission of the trial record, as provided in Article 2132;

(5)  Test the solvency of the surety on the appeal bond as of the date of its filing or subsequently, consider objections to the form, substance, and sufficiency of the appeal bond, and permit the curing thereof, as provided in Articles 5123, 5124, and 5126;

(6)  Grant an appeal to another party;

(7)  Execute or give effect to the judgment when its execution or effect is not suspended by the appeal;

(8)  Enter orders permitting the deposit of sums of money within the meaning of Article 4658 of this Code;

(9)  Impose the penalties provided by Article 2126, or dismiss the appeal, when the appellant fails to timely pay the estimated costs or the difference between the estimated costs and the actual costs of the appeal; or

(10)  Set and tax costs and expert witness fees.

B.  In the case of a suspensive appeal, when the appeal bond is not timely filed and the suspensive appeal is thereby not perfected, the trial court maintains jurisdiction to convert the suspensive appeal to a devolutive appeal, except in an eviction case.

Amended by Acts 1964, No. 4, §1.  Acts 1968, No. 128, §1.  Acts 1977, No. 175, §1, eff. Jan. 1, 1978.  Acts 1983, No. 126, §1; Acts 2008, No. 658, §1.



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